The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Current Status of Claims
This office action is response to communication of May 19, 2025. Claims 1 to 20 are currently active in the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on August 6, 2025 was filed before the mailing date of the first action on merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 8, 10-13, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US Patent Publication Application 2016/0179229 A1) in view of Kim et al. (US Patent Publication Application 2015/0228928 A1).
In regard of claim 1, Ahn discloses a display device comprising: a substrate including a display area and a non-display area (See Figures 2 and 3A of Ahn illustrating a display device (100) on a substrate (106, 108) including display area (Central Portion) and non-display area (Bent Portion) as discussed in paragraph [0069] of Ahn), the non-display area including a first non-display area, a bending area, a second non-display area and a pad area, the bending area disposed between the first non-display area and the second non-display area, and the second non-display area disposed between the bending area and the pad area (See Figures 6A -6B of Ahn illustrating the first and second non-display area (NA1, NA2) on one side of the display including bending area and second non-display area disposed between the bending area and the pad area (120_P) as discussed in paragraph [0105]); a transistor disposed on the substrate in the display area; an organic light emitting diode disposed on the transistor in the display area(See at least Figure 4 of Ahn illustrating transistor (102) disposed on the substrate (108, 106) comprising organic light-emitting diode as light-emitting element (OLED) in the display area (central Portion) as discussed in paragraph [0032]); an encapsulation layer disposed on the organic light emitting diode (See at least Figure 4 of Ahn illustrating encapsulation layer (104) disposed in the organic light emitting diode (102) as discussed in paragraphs [0032, 0064]), a dam disposed on the substrate in the first non-display area (See Figure 5A of Ahn illustrating a dam (108F) disposed in the first non-display area as discussed in paragraph [0092]); a touch sensing unit disposed on the encapsulation layer in the display area (See Figure 4 of Ahn illustrating a touch sensing unit (112) disposed on the encapsulation layer (104) as discussed in paragraph [0066]); and an electrostatic discharge circuit disposed in the second non-display area (See Figure 2 of Ahn illustrating electrostatic discharge circuit (ESD) disposed in the second non-display area as discussed in paragraph [0033]).
However, the reference to Ahn does not show encapsulation layer including a first inorganic layer including a second inorganic layer and an organic layer disposed between the first inorganic layer and the second inorganic layer.
In the same field of endeavor, Kim et al. discloses a display device with encapsulation layer (300) covering the organic light -emitting diode including a first non-organic layer (310), second non-organic layer (330) and organic layer (320) disposed between as illustrated in Figure 4 and discussed in paragraph [0048] of Kim et al.
Therefore, it would be obvious for the person skilled in the art at the moment the invention was filed to use encapsulation layer shown by Kim et al. with the device of Ahn in order to provide for the organic light-emitting device excellent oxygen and moisture barrier performance, long lifetime and high brightness.
In regard of claim 2, Ahn and Kim et al. further disclose the display device of claim 1, wherein the touch sensing unit comprises a plurality of touch electrode rows, a plurality of touch electrode columns and a plurality of touch connection electrodes, wherein each of the touch electrode rows includes at least one second touch electrode, wherein each of the touch electrode columns includes a plurality of first touch electrodes connected to each other by at least one of the plurality of touch connection electrodes (See Figure 4 of Ahn illustrating touch sensing unit (112) with plurality of electrodes or metal mesh as discussed in paragraph [0066-0067]).
In regard of claim 3, Ahn and Kim et al. further disclose the display device of claim 2, wherein the first touch electrode and the second touch electrode have mesh patterns (See paragraph [0066] of Ahn discussing that the touch electrodes comprising mesh pattern).
In regard of claim 4, Ahn and Kim et al. further disclose the display device of claim 1, further comprising: a plurality of touch link lines disposed in the non-display area and each electrically connected to the touch sensing unit, and a plurality of pads disposed in the pad area (See Figures 2, 4 and 8A of Ahn illustrating plurality of link lines (120) of the connection interface connected to the touch sensing unit (112) as discussed in paragraph [0122]).
In regard of claim 5, Ahn and Kim et al. further disclose the display device of claim 4, wherein the plurality of touch link lines are disposed on both sides of the substrate in a plan view of the display device (See Figures 2, 4 and 8A of Ahn illustrating the touch links (120) disposed on both sides of the substrate (106, 108) ad discussed in paragraph [0123]).
In regard of claim 6, Ahn and Kim et al. further disclose the display device of claim 1, wherein the first inorganic layer and the second inorganic layer extend over the dam and terminate in the first non-display area (See Figure 4 of Kim et al. illustrating the first/second inorganic layers (310, 330) over the dam (400) as discussed in paragraph [0048]).
In regard of claim 8, Ahn and Kim et al. further disclose the display device of claim 4, wherein the electrostatic discharge circuit is connected to the plurality of touch link lines and connected to the plurality of pads (See Figures 2 and 6A of Ahn illustrating components of the display (100) including electrostatic discharge circuit (EDS), touch links (200) connected to the plurality of pads (120) as discussed in paragraph [0037, 0104-0105]).
In regard of claim 10, Ahn and Kim et al. further disclose the display device of claim 4, wherein the dam intersects the plurality of touch link lines in the first non-display area (See Figures 2 and 5A of Ahn illustrating dam (108A) intersect with touch links from (220)).
In regard of claim 11, Ahn and Kim et al. further disclose the display device of claim 4, further comprising: a plurality of data link lines disposed in the non-display area, wherein the plurality of data link lines and the plurality of touch link lines include titanium (See at least paragraph [0102] of Ahn discussing usage of Ti for conductive lines in the non-display area).
In regard of claim 12, Ahn and Kim et al. further disclose the display device of claim 4, wherein the plurality of touch link lines include at least one of titanium and aluminum (See at least paragraph [0102] of Ahn discussing usage of Ti or Al for conductive lines).
In regard of claim 13, Ahn and Kim et al. further disclose the display device of claim 1, further comprising: a plurality of data link lines disposed in the non-display area, wherein a width of the second non-display area in a direction of extending the plurality of data link lines is greater than a width of the first non-display area in the same direction (See Figures 2 and 8A of Ahn illustrating the display a plurality of link lines disposed on the non-display area with width is greater than a width of the first non-display area as shown in Figure 8 of Ahn).
Claims 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US Patent Publication Application 2016/0179229 A1) in view of Kim et al. (US Patent Publication Application 2015/0228928 A1) and further in view of Wu et al. (US Patent Publication Application 2015/0160522 A1).
In regard of claim 14, Ahn and Kim et al. further disclose the display device of claim 1.
However, the combination of Ahn and Kim et al. does not specifically discuss the display device wherein the electrostatic discharge circuit comprises a first discharge path for discharging voltages higher than a gate high voltage and a second discharge path for discharging voltages less than a gate low voltage.
In the same field of endeavor, Wu et al. the electrostatic discharge circuit shown in Figures 1-2 with first discharge path (120) and second discharge path (130) as discussed in paragraph [0017] of Wu et al.
Therefore, it would be obvious for the person skilled in the art at the moment the invention was filed to use electrostatic discharge circuit shown by Wu et al. with the device of Ahn and Kim et al. in order to provide electro-static discharge protection of the display device.
In regard of claim 15, Ahn, Kim et al. and Wu et al. further disclose the display device of claim 1, wherein the electrostatic discharge circuit includes a plurality of sub-transistors having gate electrodes, active layers, source electrodes, and drain electrodes that are disposed on the same layer and made of the same material as a gate electrode, an active layer, a source electrode, and a drain electrode of the transistor (See Figure 1 of Wu et al. illustrating electrostatic discharge circuit with plurality of sub-transistors (101, 102, 103, 104) having gate/source/drain electrodes made of thin film transistor).
In regard of claim 16, Ahn, Kim et al. and Wu et al. further disclose the display device of claim 15, wherein the plurality of sub-transistors includes a first sub-transistor and a second sub-transistor connected in series to each other (See Figure 1 of Wu et al. illustrating sub-transistors (101, 102) connected in series).
In regard of claim 17, Ahn, Kim et al. and Wu et al. further disclose the display device of claim 16, wherein the first sub-transistor is connected to a gate low line transmitting a gate low voltage, and wherein the second sub-transistor is connected to a gate high line transmitting a gate high voltage (See Figure 1 of Wu et al. illustrating the first sub-transistor (101) connected to a gate of low line transmitting a gate low voltage (120) and second sub-transistor connected to a gate high line transmitting high voltage (130) as discussed in paragraph [0017] of Wu et al.).
In regard of claim 18, Ahn and Kim et al. further disclose a display device comprising: a substrate including a display area and a non-display area, the non-display area includes a bending area and a pad area; a transistor disposed on the substrate in the display area; an organic light emitting diode disposed on the transistor in the display area; an encapsulation layer disposed on the organic light emitting diode; at least one dam disposed in the non-display area between the display area and the bending area; a touch sensing unit disposed on the encapsulation layer in the display area; a plurality of touch link lines disposed in the non-display area and each directly connected to the touch sensing unit; and an electrostatic discharge circuit disposed in the non-display area between the bending area and the pad area, and wherein the at least one dam extends in a direction intersecting at least one of the plurality of touch link lines (See rejection of claim 1 provided above and see Figures 2, 4 and 8A of Ahn illustrating plurality of link lines (120) of the connection interface connected to the touch sensing unit (112) as discussed in paragraph [0122]).
In regard of claim 19, Ahn and Kim et al. further disclose the display device of claim 18, wherein the encapsulation layer includes a first inorganic layer, a second inorganic layer and an organic layer disposed between the first inorganic layer and the second inorganic layer, and wherein the first inorganic layer and the second inorganic layer extend over the dam and terminate in the non-display area between the display area and the bending area (See rejection of claim 1 and 6 provided above).
In regard of claim 20, Ahn and Kim et al. further disclose the display device of claim 18, further comprising: a plurality of data link lines disposed in the non-display area between the display area and the pad area; and a driving integrated circuit (IC) disposed in the non-display area further away from the display area than the bending area and connected to the plurality of data link lines (See Figure 2 of Ahn illustrating the display device (100) with plurality of data link lines connected to the driving circuits disposed on the non-display area as discussed in paragraph [0032]).
Claims 7, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US Patent Publication Application 2016/0179229 A1) in view of Kim et al. (US Patent Publication Application 2015/0228928 A1) and further in view of Lee et al. (US Patent Publication Application 2019/0155417 A1).
In regard of claim 7, Ahn and Kim et al. further disclose the display device of claim 1.
However, the combination of Ahn and Kim et al. does not specifically discuss the display device further comprising: a touch buffer layer disposed on the encapsulation layer; and a touch insulating layer disposed on the touch buffer layer, wherein the touch buffer layer and the touch insulating layer extend beyond the first inorganic layer and the second inorganic layer in the first non-display area.
In the same field of endeavor, Lee et al. disclose a display device comprising a touch buffer layer (210) disposed on the encapsulation layer (209, 208, 207) and touch insulating layer (211) as shown in Figure 2 and discussed in paragraph [0044] of Lee et al.
Therefore, it would be obvious for the person skilled in the art at the moment the invention was filed to use touch buffer layer and touch insulating layers shown by Lee et al. with the device of Ahn and Kim et al. in order to prevent the touch sensors from being damaged.
In regard of claim 9, Ahn, Kim et al. and Lee et al. further disclose the display device of claim 7, further comprising: a touch planarization layer disposed on the touch insulating layer and extending in the first non-display area (See Figure 2 of Lee et al. illustrating a touch planarization layer (212) disposed on the touch insulating layer (211) as discussed in paragraph [0044]).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 7 of U.S. Patent No. 12,360,622. Although the claims at issue are not identical, they are not patentably distinct from each other because both related to a display device with similar layers.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R 1.111 to consider these references fully when responding to this action.
Examiner’s Note: Examiner has cited particular columns, line numbers, and figures in the references as applied to the claims above for the convenience of the Applicant. Although the specified citations are representative of the teaching of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well.
U.S. Patent Publication Application 2015/0160522 to Wu et al.
U.S. Patent Publication Application 2006/0119757 to Tsao
U.S. Patent Publication Application 2015/0108435 to Huh et al.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Olga Aronovich whose telephone number is ((571)270-7796. The examiner can normally be reached on Mon-Fri. from 7:30-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's Supervisor, LunYi Lao can be reached on (571) 272-7671. The fax phone number for the organization where this application or proceeding is assigned is 571-270-8796. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/OLGA V MERKOULOVA/Primary Examiner, Art Unit 2621